Surrogacy Act 2022

Each party to the surrogacy arrangement must undertake counselling about the surrogacy arrangement and its implications before entering into the surrogacy arrangement.

The counselling required under subsection (1) may be provided by more than one counsellor.

A counsellor who provides the counselling must prepare a certificate on the counselling and give it to the person counselled.

The certificate must certify the following matters:

the qualifications of the counsellor;

that the counsellor is independent of any business providing fertility services;

the names of the persons who were counselled;

the dates of the counselling;

that counselling on the required matters was provided;

in the case of a surrogate mother under 25 years of age – that exceptional circumstances exist to justify her entering into the surrogacy arrangement;

in the case of an intended parent under 25 years of age – that the intended parent is sufficiently mature to understand the implications of the surrogacy arrangement.